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2008 (2) TMI 796 - AT - Central Excise
Issues: Denial of Modvat credit based on late filing of subsidiary certificates
Analysis: The judgment revolves around the issue of denial of Modvat credit to the appellant based on the late filing of subsidiary certificates. The Commissioner (Appeals) set aside the Assistant Commissioner's order allowing Modvat credit and favored the revenue's appeal. The crux of the matter lies in the timing of the application for subsidiary certificates in relation to the clearance of goods from the appellant's Godown. The Commissioner (Appeals) highlighted that the respondents had availed Modvat credit based on subsidiary certificates issued after clearing the inputs from their Godown. Referring to Trade Notice No. 39/91, it was emphasized that applications for subsidiary certificates made 24 hours in advance of goods removal should entitle Modvat credit, even if issued later than the removal date and time. The Commissioner concluded that since the applications were filed after goods clearance, the Modvat credit against such subsidiary certificates was not permissible. However, the Tribunal disagreed with the Commissioner's reasoning. It was noted that the subsidiary certificates did cover the inputs in question, and the late filing of the application should not have been allowed by the Superintendent issuing the certificates. Once issued, the appellant could not be denied Modvat credit unless there were other allegations regarding the inputs or their receipt. Consequently, the Tribunal set aside the impugned order and allowed the appeal, granting consequential relief to the appellant. In essence, the judgment clarifies that the denial of Modvat credit solely based on the late filing of subsidiary certificates, without any other valid grounds, is not justified. The Tribunal emphasized the importance of the certificates covering the inputs and the lack of allegations regarding the inputs or their receipt to support the appellant's entitlement to Modvat credit despite the delayed application filing.
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